1. Prohibition of use of land as caravan site without site licence. E+W+S
(1) Subject to the provisions of this Part of this Act, no occupier of land shall after the commencement of this Act cause or permit any part of the land to be used as a caravan site unless he is the holder of a site licence (that is to say, a licence under this Part of this Act authorising the use of land as a caravan site) for the time being in force as respects the land so used. [ F1 (1A) Subsection (1) does not apply in relation to a regulated site within the meaning of the Mobile Homes (Wales) Act 2013. ]
(2) If the occupier of any land contravenes subsection (1) of this section he shall be guilty of an offence and liable on summary conviction [ F2 —
(a) where the land in question is in England, to a fine not exceeding level 5 on the standard scale;
(b) where the land in question is in Wales, ] in the case of the first offence to a fine not exceeding [ F3 one hundred pounds ] [ F3 level 4 on the standard scale ] , and, in the case of a second or subsequent offence, to a fine not exceeding [ F3 two hundred and fifty pounds ] [ F3 level 4 on the standard scale ] .
(3) In this Part of this Act the expression “ occupier ” means, in relation to any land, the person who, by virtue of an estate or interest therein held by him, is entitled to possession thereof or would be so entitled but for the rights of any other person under any licence granted in respect of the land: Provided that where land amounting to not more than four hundred square yards in area is let under a tenancy entered into with a view to the use of the land as a caravan site, the expression “ occupier ” means in relation to that land the person who would be entitled to possession of the land but for the rights of any person under that tenancy.
(4) In this Part of this Act the expression “ caravan site ” means land on which a caravan is stationed for the purposes of human habitation and land which is used in conjunction with land on which a caravan is so stationed. Textual Amendments F1 S. 1(1A) inserted (E.W.) (5.11.2013) by Mobile Homes (Wales) Act 2013 (anaw 6) , s. 64(1) , Sch. 4 para. 1(2) (with Sch. 5 para. 7 ) (this amendment is to be treated as not having effect until 1.10.2014 by virtue of S.I. 2014/11 , art. 3(2)) F2 S. 1(2)(a)(b) inserted (E.W.) (1.4.2014 for E.) by Mobile Homes Act 2013 (c. 14) , ss. 13(1) , 15(2) ; S.I. 2014/816 , art. 2 (with art. 3 ) F3 Words “level 4 on the standard scale” substituted (S.) for words “one hundred pounds” and “two hundred and fifty pounds” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1) , ss. 289E–289G Modifications etc. (not altering text) C6 Criminal Justice Act 1982 (c. 48, SIF 39:1) , ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)
